VIJAYAKUMAR Vs. T.D. ESWARLAL AND ORS.

JUDGEMENT

(1.) THE tenant in RCOP. No. 498 of 2011 is the petitioner in the present revision. The first respondent along with her husband T.D. Eswarlal (deceased) filed an eviction petition against the petitioner under Section 10(3)(a)(i) of Tamil Nadu Lease and Rent Control Act. The landlords have averred in the eviction petition that they are residing in a house which does not belong to them absolutely and the building was owned by the father of the first petitioner, who died leaving behind three sons and five daughters as his legal heirs. Now the petitioners are residing in a small portion of the premises. They are suffering from Arthritis and they are diabetic patients. At their old age, they are finding it difficult to climb to the second floor. Though the petition premises is situated in the second floor, it is provided with lift. The landlords contended that the requirement of the petition premises for own use and occupation is a bonafide one.

(2.) THE tenant resisted the eviction petition stating that requirement is not a bonafide one. The tenant further stated that the petitioners are residing in their own building and therefore, the eviction petition is not maintainable in law.

(3.) MR . Ashok, learned counsel for the petitioner submitted that admittedly the landlords have share in the property, where they are residing and therefore, in view of Section 10(3)(a)(i) of the Rent Control Act, the eviction petition cannot be maintained. He further submitted that five months prior to the filing of the eviction petition, the landlord has enhanced the rent and therefore, the requirement is not bonafide one. It is further submitted that the contention of the landlord that they were residing in the second floor and that building was not convenient or suitable, have not been established through acceptable evidence and that the first respondent had already died and the widow lady/second respondent may not be interested to reside in the tenant premises, since her two daughters were already married and they are residing in different places.